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Barton Orchards Adventure Park
LICENSE AGREEMENT

This License Agreement constitutes a binding agreement between Park Owner (“PO”) and you (“Participant”) regarding Participant’s use of the Barton Orchards Adventure Park apparatus and equipment, including the protective gear supplied to you by PO (such equipment and gear are collectively referred to hereafter as the “Equipment”). Please read this License Agreement carefully, fill in all the necessary blanks and sign and date this License Agreement where indicated at the end. A parent/guardian (18+) must read, complete, sign and date this License Agreement for any Participant under age 18. 

1. LICENSE TO USE EQUIPMENT

PO hereby grants to Participant a limited, non-exclusive, non-transferable, license to use the Equipment solely in the manner described in this License Agreement, subject to all of the terms, conditions, limitations, restrictions and eligibility requirements set forth herein.

2. ELIGIBILITY FOR USE OF EQUIPMENT

Koala:

  • Age: 3yrs to minimum of Climb requirements
  • Child Supervision: Children may use the Equipment alone on designated courses, but all minors MUST have a parent or guardian 18 years or older supervising such use. Adult must be present to check in, attend safety orientation and sign this License Agreement. Each course level has specific age-related supervision requirements. See ‘Climbing Course Requirements’ for complete details.

Climb: 

  • Age: See weight/height requirements below
  • Weight: Minimum 60 lbs. / Maximum 275 lbs
  • Height/Reach: While keeping feet flat on the ground, arms raised above head, fingertips must be able to touch the height of 6ft
  • Child Supervision: Children must be accompanied by at least one ticketed adult during any use of the Equipment. Adult must be a parent or guardian 18 years of age or older who will sign this License Agreement. Maximum of two children (ages 7-8) per adult in the party. Children ages 9-17 may use the Equipment alone, but must have a parent or guardian 18 years or older present to check in, attend safety orientation and sign this License Agreement.

*Any minor or parent/ guardian who lists the age of any Participant dishonestly or inaccurately is falsifying information on a legally binding contract AND increasing the risk of injury to the child, the adult escort/supervisor, PO’s facilitators and other Equipment users.

3. CLIMBING COURSE REQUIREMENTS

For all Participants:

  • BLUE COURSES:  Must have completed 2 Green courses prior to attempting Blue.

Age Restrictions

3-6 yrs. old:

  • Kohala Course KID COURSE Adult Supervisor
  • Yellow Courses BEGINNER: N/A
  • Green Courses INTERMEDIATE: N/A
  • Blue Courses ADVANCED: N/A

7-9 yrs. old:

  • Yellow Courses BEGINNER: Adult Supervisor
  • Green Courses INTERMEDIATE: Adult Escort 2:1 Ratio
  • Blue Courses ADVANCED: N/A

10-13 yrs. old:

  • Yellow Courses BEGINNER: Adult Supervisor
  • Green Courses INTERMEDIATE: Adult Supervisor
  • Blue Courses ADVANCED: N/A

14-15 yrs. old

  • Yellow Courses BEGINNER: Adult Supervisor
  • Green Courses INTERMEDIATE: Adult Supervisor
  • Blue Courses ADVANCED: Adult Escort 1:1 Ratio

16+ yrs. old

  • Yellow Courses BEGINNER: Adult Supervisor
  • Green Courses INTERMEDIATE: Adult Supervisor
  • Blue Courses ADVANCED: Adult Escort 1:1 Ratio

“Supervisor” – Adult may be on the ground observing (max. of 2 children per 1 adult).
“Escort” – Adult must be ON the course climbing along with the child

4. PARTICIPANT RESTRICTIONS

All Participants:

  • MUST meet age, weight, reach and any other eligibility requirements. Additional supervision restrictions must be followed for all Participants under 18. See ‘Climbing Course Requirements’ for specific details.
  • MUST receive training before using the Equipment.
  • MUST fit comfortably in the provided safety harness and be able to properly demonstrate the use of the Smart Belay System.
  • MUST be fully capable of performing specific safety tasks independently, including full range of motion with the arms and legs, and be physically able to grasp and pull ropes and climb and balance on stairs and ladders.
  • MUST be able to read, comprehend and sign this License Agreement. A parent/guardian (18+) must be present to sign this License Agreement for any Participant under age 18.
  • MUST be able to comprehend all training and safety instructions, and must obey all such instructions.
  • MUST pay the full license fee before using any of the Equipment.

Use of This Equipment Is Not For Everyone:

  • Pregnant women are not permitted to use the Equipment.
  • Not suitable for guests with extreme fear of heights.
  • The Barton Orchards Adventure Park Equipment includes features such as ziplines, bridges, obstacles and stairs. If these Equipment features would be difficult for you, use of such Equipment is not recommended.
  • Not recommended for anyone with high blood pressure, heart conditions, shortness of breath, seizure disorders, balance problems, neck, back, shoulder or joint issues or any other condition that would Barton Orchards Adventure Park LICENSE AGREEMENT require immediate medical attention or be exacerbated by use of the Equipment. Individuals with these or any other health issue, concern, condition, injury, pain, instability or disease that could potentially impair the ability to use the Equipment in a safe manner must immediately bring such circumstances to the attention of a PO Equipment operator to determine whether use of the Equipment will be permitted.
  • Do not use the Equipment if you are recovering from a recent injury or surgery. Persons wearing a cast, splint or brace due to recent injury are not permitted to use the Equipment. If you wear a preventative brace, from an old or pre-existing condition, the brace cannot unduly restrict your movement or interfere with the proper fit and operation of your safety gear.
  • PO reserves the right to terminate any Participant’s right to use the Equipment if the Participant is unable or unwilling to perform all safety tasks independently, or is in breach of the safety rules or this License Agreement.

Requirements Regarding Footwear:

  • Secure, rubber/athletic sole, closed-toe and fitted heel shoes are required.
  • NOT Permitted:  high heels, flip-flops, or loose/unsecured footwear.
  • PO reserves the right to make decisions about appropriate footwear prior to or during Participant’s use of Equipment.

Requirements Regarding Clothing and Personal Items:

  • Participants must wear comfortable, well-fitting clothing that does not allow anything to hang loose or get tangled in the cables, ropes or other Equipment. Bathing suits, skirts or dresses are not permitted.
  • Shoulder-length or longer hair must be pulled back.
  • Pockets must be empty. All loose items (cell phones, wallets, cameras, etc.) and dangling jewelry/clothing must be removed prior to training and any use of Equipment.
  • PO is not responsible for lost, damaged or stolen items and will not retrieve any items that fall into the Equipment or surrounding areas.

5. PARK RULES

  • All general Barton Orchards Adventure Park rules are in effect in the use of the Equipment. In the event of any conflict between such general Barton Orchards Adventure Park rules and the provisions of this License Agreement, the provisions of this License Agreement shall apply.
  • NO food or gum chewing while using the Equipment or in its vicinity.
  • Your New Adventure Park is a smoke-free park. Smoking is permitted only in parking lots.
  • Use of tobacco products or inhalants of any kind is prohibited at all times while using the Equipment or in its vicinity.
  • There is NO alcohol or drug use permitted at any time prior to or during use of the Equipment or in its vicinity. Participants may not be under the influence of alcohol or any substance (including medications) that might impair judgment or physical capability while using the Equipment or located in its vicinity.
  • Photo/Video Policy: During the use of the Equipment, Participant may be videotaped or photographed by a PO employee or authorized guest. Participant’s signature on this License Agreement serves as permission for use of Participant’s image by these parties. Commercial photography or filming is prohibited without the express written permission of PO Public Relations
  • PO reserves the right to terminate any Participant’s right to use the Equipment if the Participant is found to be endangering the safety of themselves or others. Refunds will not be given in these situations.

6. RESERVATIONS AND CANCELLATIONS

  • All sales of licenses to use the Equipment are final.
  • Be sure to check Equipment use eligibility requirements before booking. For your safety, height and weight will be verified upon arrival. If you make an online purchase and you arrive at check-in booth and weigh less or more than the weight limits or do not meet the minimum height or reach requirements, there will be no refunds.
  • Participants may reschedule their reservation with 5 days’ advance notice, for a new time within 6 months of the initial reservation. · Reservation changes are not permitted with less than 5 days’ prior notice, and payment is nonrefundable.
  • No refunds will be issued for no-shows.
  • Accurate contact information is required to fulfill any rainchecks or reservation adjustments.
  • PO reserves the right to terminate or suspend the use of the Equipment due to inclement weather, park or animal concerns, and/or safety concerns. In the event of cancellation, efforts will be made to reschedule Participant on the soonest available future date.

Weather Cancellation Policy:

  • The Equipment is operated rain or shine. Only severe weather conditions such as lightning, high winds and heavy down pours will temporarily shut down the Equipment. (A light to moderate rain is merely another challenge to overcome by Equipment users!)
  • All sales are final.  In the event weather conditions change PO’s operations:
    • If we shut down the Equipment in advance of your arrival, a raincheck will be issued and we will assist in rescheduling your slot as soon as possible (raincheck will be valid only for the registered individual, and expires 1 year from initial reservation date). You will be contacted via the email address provided.
    • If we temporarily clear the Treetop Adventure course during your use of the Equipment,  we will put the course on hold for approximately 30 minutes to allow us to reevaluate conditions. Equipment use will pause, and when the course is reopened you may resume using the Equipment for the full amount of time you had remaining when the closure took place
    • If we close the course during your use of the Equipment,  a raincheck discount (50% off a future session) will be issued to any Participant using the Equipment for 1.5 hours or less. Any Participant using the Equipment for more than 1.5 hours will be considered to have had a full session and no raincheck discount will be issued
    • No refunds will be issued for weather-related no-shows.

7. PARTICIPANT ASSUMPTION OF RISK

 Participant acknowledges that using the Equipment is a strenuous physical activity that may result in personal injury, property damage or death due to known or unknown medical conditions or from hazards, conditions or circumstances including but not limited to Participant error, failure of Participant to follow safety instructions or negligence or other actions or inaction by PO or by other Equipment users or Treetop Adventure participants. Participant hereby expressly agrees to assume all of such risks. Participant understands that the Equipment is used to allow Participant, while in a harness, to travel from elevated platform to elevated platform while attached to a safety line via a Smart Belay System. In the event of an Equipment evacuation, Participant must be able to climb down a ladder from the platform to the ground below. Participant may also sustain minor injuries, including but not limited to cuts, bumps, bruises, scrapes, muscle strains, friction burns and/or insect bites. Participant has voluntarily elected to use the Equipment despite the recognized and inherent dangers existing therein and despite the known and unknown risks of harm presented thereby. Participant will be provided training and will view an instructional presentation which contains information on various policies, procedures, training points, and other information relative to use of the Equipment. If Participant has any questions about the information provided during the training or otherwise, Participant will ask a PO Equipment operator for answers and clarification before using the Equipment. Participant will not use the Equipment if he/she does not understand the answer or clarification provided to such a question. Participant represents that he/she meets all of the requirements for eligibility to use the Equipment that are contained in this License Agreement. Participants will stay within the boundaries of the Adventure Park and are not permitted to enter surrounding properties or areas (pond, pond perimeter, unmarked trails, uncleared land, etc.) without expressed written permission from Barton Entertainment Co, LLC.

8. PARTICIPANT RELEASE

For and in consideration of the grant by PO of a license to use the Equipment, Participant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage that Participant may have, or wrongful death actions or causes of action that Participant’s heirs may have, arising in any way as a result of Participant’s use of the Equipment or any activities incidental thereto, wherever or however the same may occur and for whatever period said activities may commence and continue. Participant agrees that under no circumstances will Participant nor Participant’s heirs prosecute or present any such claim against the PO, the manufacturer of the Treetop Adventure Tree-Mendous, or the gear distributor/ service supplier - Adventure Park Gear or any of their directors, trustees, officers, members, agents, servants or employees (collectively referred to hereafter as “Released Parties”) for any said causes of action, whether the same shall arise by the negligence of the Released Parties or otherwise.

9. PARTICIPANT INDEMNITY

Participant, on his/her own behalf and on behalf of his/her heirs, agrees that in the event any claim, suit, action or proceeding for personal injury, property damage or wrongful death shall be made or prosecuted against any of the Released Parties arising as a result of Participant’s use of the Equipment or any activities incidental thereto, Participant (and such heirs) shall indemnify and save harmless the Released Parties from and against any and all liability for damage or injury of any kind or nature arising out of Participant’s use of the Equipment or any activities incidental thereto, inclusive of attorneys’ fees and litigation costs, except as to a Released Party where the liability or damage results from the sole negligence of such Released Party.

10. ARBITRATION OF DISPUTES

Participant agrees that any claim for personal injury or property damage that Participant may bring (and any wrongful death claim that Participant’s heirs may bring) against any of the Released Parties arising as a result of Participant’s use of the Equipment or in connection with this License Agreement shall be resolved through binding arbitration with JAMS, or its successor, for full and final resolution before one arbitrator, administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Participant further agrees that judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Participant acknowledges that by signing this License Agreement, Participant will be bound to resolve any claims in arbitration, and that Participant’s heirs will also be required to pursue any wrongful death claim that they may choose to bring in arbitration, as more fully described in this License Agreement, and that he/she and they will be precluded from pursuing a claim or lawsuit in court.

11. MISCELLANEOUS

This License Agreement will be interpreted and enforced in accordance with the laws of the State of New York. If any provision of this License Agreement is held to be invalid or unenforceable, in whole or in part, the validity and enforceability of the other provisions of this Agreement shall be unaffected. This License Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes any and all previous oral or written agreements of the parties with respect to such subject matter.

Participant hereby acknowledges that he/she has read this entire License Agreement and expressly agrees to all of its terms and conditions, including but not limited to assuming the risk of using the Equipment and of any activities incidental thereto. Participant makes this acknowledgement and enters into this License Agreement voluntarily, and further acknowledges that no representations, statements or inducements, whether oral or written, have been made to Participant by anyone in connection therewith, other than the express provisions contained in this License Agreement.

Today's Date: November 30, 2021

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
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Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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